The vote for the bill broke down on mostly partisan lines with Republicans supporting the ban on late-term abortions and Democrats opposing it. The House approved the bill on a 228-196 vote with 6 Democrats voting for the bill and 6 Republicans voting against it. (See end for how members voted).

The bill, if it receives a vote in the Democrat-controlled Senate, is not expected to pass and pro-abortion President Barack Obama has issued a veto threat. But pro-life groups hope to use the measure as an election tool in 2014 in an attempt to wrest the Senate from abortion advocates.

“I would hope that stopping atrocities against little babies is something we can agree to put an end to,” Rep. Kristi Noem of South Dakota said during the debate. “We’re talking about babies who, if they were born and simply given a chance, they could survive outside the womb.”

Congresswoman Wagner of Missouri added: “As science and technology continue to advance, we are changing hearts and mind. It is not only the pain of the child we must consider, but also the pain of the mother. Everyone talks about the right to choose, but no one discusses the implications of that choice. I am for life at all stages. I am for the life of the baby, and I am also for the life of the mother. I will continue to work for a day when abortion is not only illegal, but absolutely unthinkable.”

Rep. Chris Smith, the head of the pro-life caucus in the House, spoke eloquently from the House floor.

“The brutality of severing the spines of defenseless babies—euphemistically called “snipping” by Gosnell—has finally peeled away the benign façade of the billion dollar abortion industry” he said.

“Like Gosnell, abortionists all over America decapitate, dismember and chemically poison babies to death each and every day. That’s what they do. Americans are connecting the dots and asking whether what Gosnell did is really any different than what other abortionists do. A D&E abortion—a common method after 14 weeks—is a gruesome, pain-filled act that literally rips and tears to pieces the body parts of a child,” he added. “The Pain-Capable Unborn Child Protection Act is a modest but necessary attempt to at least protect babies who are 20 weeks old—and pain-capable—from having to suffer and die from abortion.”

One leading expert in the field of fetal pain, Dr. Kanwaljeet S. Anand at the University of Tennessee, stated in his expert report commissioned by the U.S. Department of Justice, “It is my opinion that the human fetus possesses the ability to experience pain from 20 weeks of gestation, if not earlier, and the pain perceived by a fetus is possibly more intense than that perceived by term newborns or older children.”

“Surgeons entering the womb to perform corrective procedures on unborn children have seen those babies flinch, jerk and recoil from sharp objects and incisions. Ultrasound technology shows unborn babies at 20 weeks post-fertilization and earlier react physically to outside stimuli such as sound, light and touch,” Smith continued. “Surgeons routinely administer anesthesia to unborn children in the womb before performing lifesaving surgeries, and this has been associated with a decrease in the baby’s stress hormone levels during the medical procedure.”

A recent national poll by The Polling Company found that, after being informed that there is scientific evidence that unborn children are capable of feeling pain at least by 20 weeks, 64% would support a law banning abortion after 20 weeks, unless the mother’s life was in danger. Only 30% said they would oppose such a law.

During the hearing, former abortion practitioner Anthony Levatino told members of the committee the gruesome details of his former abortion practice and how he became pro-life following the tragic automobile accident of his child.

The late-term abortion ban would allow abortion after 20 weeks post-fertilization if the mother’s life is endangered, or in cases of rape and incest reported prior to the abortion to appropriate authorities.

H.R. 1797 contains congressional findings of fact regarding the medical evidence that unborn children experience pain at least by 20 weeks “post-fertilization age,” or the start of the sixth month.

The bill relies on the science of fetal pain to establish a Constitutional reason for Congress to ban abortions late in pregnancy. The science behind the concept of fetal pain is fully established and Dr. Steven Zielinski, an internal medicine physician from Oregon, is one of the leading researchers into it. He first published reports in the 1980s to validate research showing evidence for it.

He has testified before Congress that an unborn child could feel pain at “eight-and-a-half weeks and possibly earlier” and that a baby before birth “under the right circumstances, is capable of crying.”

He and his colleagues Dr. Vincent J. Collins and Thomas J. Marzen were the top researchers to point to fetal pain decades ago. Collins, before his death, was Professor of Anesthesiology at Northwestern University and the University of Illinois and author of Principles of Anesthesiology, one of the leading medical texts on the control of pain.

“The functioning neurological structures necessary to suffer pain are developed early in a child’s development in the womb,” they wrote.

“Functioning neurological structures necessary for pain sensation are in place as early as 8 weeks, but certainly by 13 1/2 weeks of gestation. Sensory nerves, including nociceptors, reach the skin of the fetus before the 9th week of gestation. The first detectable brain activity occurs in the thalamus between the 8th and 10th weeks. The movement of electrical impulses through the neural fibers and spinal column takes place between 8 and 9 weeks gestation. By 13 1/2 weeks, the entire sensory nervous system functions as a whole in all parts of the body,” they continued.

With Zielinski and his colleagues the first to provide the scientific basis for the concept of fetal pain, Dr. Kanwaljeet Anand of the University of Arkansas Medical Center has provided further research to substantiate their work.

“The neural pathways are present for pain to be experienced quite early by unborn babies,” explains Steven Calvin, M.D., perinatologist, chair of the Program in Human Rights Medicine, University of Minnesota, where he teaches obstetrics.

Dr. Colleen A. Malloy, Assistant Professor, Division of Neonatology at Northwestern University in her testimony before the House Judiciary Committee in May 2012 said, “[w]hen we speak of infants at 22 weeks LMP [Note: this is 20 weeks post fertilization], for example, we no longer have to rely solely on inferences or ultrasound imagery, because such premature patients are kicking, moving, reacting, and developing right before our eyes in the Neonatal Intensive Care Unit.”

“In today’s medical arena, we resuscitate patients at this age and are able to witness their ex-utero growth and development. Medical advancement and technology have enabled us to improve our ability to care for these infants…In fact, standard of care for neonatal intensive care units requires attention to and treatment of neonatal pain,” Dr. Malloy testified. She continued, “[t]hus, the difference between fetal and neonatal pain is simply the locale in which the pain occurs. The receiver’s experience of the pain is the same. I could never imagine subjecting my tiny patients to horrific procedures such as those that involve limb detachment or cardiac injection.”